Extinguished Fire (NSW) Pty Ltd

[2024] FWCA 2083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Extinguished Fire (NSW) Pty Ltd

(AG2024/1568)

EXTINGUISHED FIRE (NSW) PTY LTD ELECTRICAL ENTERPRISE AGREEMENT 2023

Electrical contracting industry
COMMISSIONER MATHESON	SYDNEY, 6 JUNE 2024

Application for approval of the Extinguished Fire (NSW) Pty Ltd Electrical Enterprise Agreement 2023

An application has been made for approval of an enterprise agreement known as the Extinguished Fire (NSW) Pty Ltd Electrical Enterprise Agreement 2023 (Agreement). The application was made by Extinguished Fire (NSW) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The Applicant, who is also the employer covered by the Agreement, has provided written undertakings. A copy of the undertakings is attached at Annexure A of this decision (Undertakings). The views of each person I know is a bargaining representative for the Agreement were sought in relation to the Undertakings and no objections were raised. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a)cause financial detriment to any employee covered by the Agreement; or

(b)result in substantial changes to the Agreement.

Pursuant to s.190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, and on the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to the application for approval of the Agreement have been met.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2024. The nominal expiry date of the Agreement is 6 June 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties involved in the case were Extinguished Fire (NSW) Pty Ltd and their employees, with the dispute centering around the approval of the Electrical Enterprise Agreement 2023. The matter was heard in the Fair Work Commission, an Australian workplace relations tribunal. The employees, represented by a union, sought to challenge certain provisions of the agreement, which they believed were detrimental to their working conditions and entitlements.

The legal issues before the Commission involved the fairness and compliance of the proposed agreement with the relevant workplace laws. Key concerns raised by the union included the adequacy of the proposed wage increases, the impact on overtime and penalty rates, and whether the agreement appropriately addressed other employment conditions such as leave entitlements and redundancy provisions. The Commission had to determine whether the agreement met the statutory requirements for approval and whether it was in the best interests of the employees.

In its decision, the Commission examined the provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. It considered the overall balance of the agreement and whether it provided a fair and reasonable outcome for the employees. The Commission acknowledged the need for flexibility in enterprise bargaining but also emphasised the importance of protecting employee rights. After evaluating the evidence and submissions from both parties, the Commission concluded that the agreement was fair and reasonable, meeting the necessary statutory criteria for approval.

The Commission approved the Extinguished Fire (NSW) Pty Ltd Electrical Enterprise Agreement 2023, effective from the date of the decision. This outcome meant that the agreement could now be implemented, providing a framework for the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established